§61-11-23. Punishment for juvenile convicted as an adult;
eligibility for parole; factors to be considered
prior to sentencing.

(a) Notwithstanding any other provision of law to the
contrary, a sentence of life imprisonment without the possibility
of parole may not be imposed on a person who:

(1) Is convicted of an offense punishable by life
imprisonment; and

(2) Was less than eighteen years of age at the time the
offense was committed.

(b) Unless otherwise provided by this code, the provisions of
article twelve, chapter sixty-two of this code shall govern the
eligibility for parole of a person who is convicted of an offense
and sentenced to confinement if he or she was less than eighteen
years of age at the time the offense was committed, except that a
person who is convicted of one or more offenses for which the
sentence or any combination of sentences imposed is for a period
that renders the person ineligible for parole until he or she has
served more than fifteen years shall be eligible for parole after
he or she has served fifteen years if the person was less than
eighteen years of age at the time each offense was committed.

(c) In addition to other factors required by law to be
considered prior to the imposition of a sentence, in determining
the appropriate sentence to be imposed on a person who has been
transferred to the criminal jurisdiction of the court pursuant to section ten, article five, chapter forty-nine of this code and who
has been subsequently tried and convicted of a felony offense as an
adult, the court shall consider the following mitigating
circumstances:

(1) Age at the time of the offense;

(2) Impetuosity;

(3) Family and community environment;

(4) Ability to appreciate the risks and consequences of the
conduct;

(5) Intellectual capacity;

(6) The outcomes of a comprehensive mental health evaluation
conducted by an mental health professional licensed to treat
adolescents in the State of West Virginia: Provided, That no
provision of this section may be construed to require that a
comprehensive mental health evaluation be conducted;

(7) Peer or familial pressure;

(8) Level of participation in the offense;

(9) Ability to participate meaningfully in his or her defense;

(10) Capacity for rehabilitation;

(11) School records and special education evaluations;

(12) Trauma history;

(13) Faith and community involvement;

(14) Involvement in the child welfare system; and

(15) Any other mitigating factor or circumstances.

(d)(1) Prior to the imposition of a sentence on a person who has been transferred to the criminal jurisdiction of the court
pursuant to section ten, article five, chapter forty-nine of this
code and who has been subsequently tried and convicted of an felony
offense as an adult, the court shall consider the outcomes of any
comprehensive mental health evaluation conducted by an mental
health professional licensed to treat adolescents in the State of
West Virginia. The comprehensive mental health evaluation must
include the following:

(A) Family interviews;

(B) Prenatal history;

(C) Developmental history;

(D) Medical history;

(E) History of treatment for substance use;

(F) Social history; and

(G) A psychological evaluation.

(2) The provisions of this subsection are only applicable to
sentencing proceedings for convictions rendered after the effective
date of this section and shall not constitute sufficient grounds
for the reconsideration of sentences imposed as the result of
convictions rendered after the effective date of this section.